Section 1 Short title
This Act may be cited as the “Higher Education Access for Military Dependents Act”.
Higher Education Access for Military Dependents Act
A BILL
To amend the Higher Education Act of 1965 to ensure fairness in the award of in-State tuition at public institutions of higher education for members of qualifying Federal services changing duty locations and their spouses and dependent children, and for other purposes.
Sec. 2 In-State tuition rates for members of qualifying Federal services, spouses, and dependent children
In general— Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d), as amended by section 6206 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is amended—
in subsection (b)—
by striking “while continuously enrolled at that institution” inserting “while continuously enrolled at that institution in the same course of study for which such rate was determined”; and
by adding at the end the following: “Each institution of higher education subject to this section shall ensure that the terms and conditions of continuation under this subsection are made available on a publicly accessible website of the institution in a clear and conspicuous format.”;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
“(c) Effect of transfer prior to attendance
“(1) In general—In the case of a member of a qualifying Federal service (or the spouse or dependent child of such a member) who is accepted for enrollment at a public institution of higher education in a State and who meets the requirements of paragraph (2), the provisions of subsections (a) and (b) shall apply to such member, spouse, or dependent (as the case may be) notwithstanding a change in the permanent duty station of the member to a location outside such State prior to the member’s, spouse’s, or dependent’s initial date of attendance at such institution.
“(2) Requirements
“(A) Member requirements—A member of a qualifying Federal service meets the requirements of this subsection if—
“(i) the member is accepted for enrollment at a public institution of higher education in a State (regardless of the location at which such member is domiciled or stationed at the time of application to such institution); and
“(ii) the domicile or permanent duty station of such member was in such State for a period of more than 30 days at any time during the period of one year preceding that member’s initial date of attendance at such institution.
“(B) Spouse and dependent requirements—A spouse or dependent child of a member of a qualifying Federal service meets the requirements of this subsection if—
“(i) the spouse or dependent child is accepted for enrollment at a public institution of higher education in a State (regardless of the location at which such member is domiciled or stationed at the time of the spouse’s or dependent child’s application to such institution); and
“(ii) the domicile or permanent duty station of the member of a qualifying Federal service who is the spouse or parent of the individual described in clause (i) was in such State for a period of more than 30 days at any time during the period of one year preceding that individual’s initial date of attendance at such institution.
“(3) Rule of construction—Nothing in this subsection shall be construed to limit the authority of a State or public institution of higher education to a provide a tuition benefit to a member of a qualifying Federal service (or the spouse or dependent child of such a member) on terms that are less restrictive than the terms specified in this subsection.”
Effective date and applicability— The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 6206 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and shall apply as provided by subsection (b) of that section.